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ccswks 02-15-1989 ( 79 SPECIAL SESSION OF THE CITY COUNCIL FEBRUARY 15, 1989 The Schertz City Council convened in Special Workshop Session, Wednesday, February 15, 1989, at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presidingi Earl P. Hartzog; Hal Baldwini Barbara Stanhopei Adolph Aguilar and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. #1 HEARING OF RESIDENTS: A. Mr. Bill Neller advised that the flag case has been completed and invited everyone to examine it after the meeting. B. Mr. Perry Stapp of 11635 Lower Seguin Road in Windy Acres Subdivision, said he and his neighbors have a problem they would like to have help with. A gentleman that lives on Aranda Street, Mr. Luensman, has created a junk yard. In 1983 they approached this man before he moved in and after he had put three old cars on the property. He told the people he would move the cars before he moved in in June of that year. Instead he brought in more cars. At this time there are probably about 10 to 20 cars on the property. It is a rat and snake infested place where he has donkeys and horses and animal s that are starving to death. The previous weekend there were problems and the animal control people came out and talked to him and he moved the animals but that is only part of the problem. Mr. Stapp said once before he was ready to file suit against this man but he keeps giving promises that he will clean up the property but has not done so. Mr. Stapp said he now wants it cleaned up. Mr. Sweatt said he did not know all the circumstances but did know we have had some pol ice call s in that area. He advised Council he would look into the problem and see what can be done. Another gentleman from the area said this man has a boy about 12 years old who continuall y runs a truck up and down the street with no regard for anything. Mr. Sweatt told Mr. Stapp he would get back in touch with him. Mr. Sweatt also advised that the City could not enforce deed restr ictions and encouraged the adjacent property owners to go that route since some of the problems started prior to annexation. Mayor Sawyer advised that Mr. Sweatt would get back with them within ten days to two weeks and will ask the police to take a good look at the area. 12 Discussion of P&Z recommendation on the following: \ 80 ~ A. Salvaqe Enterprise request for a Specific Use Permit to allow mobile home on their property for security. Mr. Sweatt referred to P&Z recommendation where they voted to disapprove this request - their primary reason being that this man has failed to comply with actions in the past. Mr. Aguilar asked if anything had been done on the failure to comply. Mr. Greenwald said the man has been cited and court action has been scheduled. Mr. Hartzog asked if the reason for non-conformance was due to fencing and was told it was. Mr. Hartzog said these are two different things, he is now asking for security. Mayor Sawyer asked if Council was ready to put this on the next agenda and received an affirmative reply. Mr. Baldwin said that further up I-35 there is a junk yard that has a mobile home right out in the open. Mayor Sawyer asked the City Manager to check that out. B. Dannenbaum Engineering request to rezone two tracts of land in Scenic Hills Phase II from GB to R5B. As there were no further comments, Mayor Sawyer asked that this item be put on the next aqenda. #3 Discussion of final reading of an ordinance regulating the enclosure of a junk or salvaqe yard. Mr. Hartzog said he felt the ordinance should include shrubbery and land barriers even though people can come in and asked for an exception. Mr. Aquilar said in including that, you would have to incl ude "fence or trees" and that could cause problems. Mr. Hartzog-advised that up near Johnson City there are a lot of junk yards behind shrubbery and it looks real nice. Mr. Baldwin said he did not have any problem in including shrubberYi but, if allowed, a person could plant small trees and it could take 10 years to hide the junk yard. Mr. Sweatt said the sinqular biggest problem with shrubs would be developing a maintenance standards for them. Mr. Aguilar suggested encouraging shrubs; but to obstruct the view, you would have to have something else also. Mr. Hartzog said there are at least four junk yards in the city and Council has to look at making them attractive to the people driving down the highway. ( 81 Mayor Sawyer then asked if there was any objection to putting this on the next agenda. No objections. #4 Discussion of first reading of an ordinance amending the Subdivision ordinance Section 23.2 Lot Dimension and Section 30.3 Septic tanks. Mr. Sweatt advised that we still propose to enforce restrictions but because of the change in the State law, we recommend the ordinance be up dated to come into compl iance. It would still require a percolation test. #5 Discussion of bids for radar units. The City Manager said that four bids were received, ranging from $9475 for five units to a low of $5725. There are some questions as to specification compliance on at least one bid. However Chief Agee is recommending the apparent low bidder in the amount of $5725. Mr. Hartzog asked what was the second low bid and it was from Decatur El ectronics . He al so asked included trade-ins. Mr. Sweatt said this price trade. was told that if the price includes the Mr. Baldwin asked if the trade-in was part of the specifications. Chief Agee said he left that out but did personally talk with all bidders and advised them of the request for trade-in price prior to receiving bids. Mr. Henry DeVilliers, who submitted the Decatur bid, said he could give a lower price if he included a trade in but did continue that he could not compete with the MPH Industries bid. He then offered to buy the old units. Mr. Sweatt said staff recommends the apparent low bidder. He added that he would discuss with the two representatives the trade in and direct sale prices. #6 Discussion of the first reading of an ordinance calling an election for May 6, 1989. Mayor Sawyer asked that this be on the next agenda. #7 Discussion of Board of Adjustment Hearing on a request by Jesse Hellums for a non-conforming Use for Oak View Mobile Home Park. Mr. Sweatt referred Council to the recommendation from P&Z for a BOA hearing on this request. He advised that the fee has been paid for the hearing. I \ 82 '\ Mr. Hartzog asked if someone would be present to address the fire hydrant question. Mr. Simonson commented that there is a fire hydrant on Schertz Parkway that touches this property - it is much closer than staff had originally thought. Mr. Hartzog referred to our ordinance that requires fire hydrants to be no further than 500 feet. Mr. Simonson advised that the hydrant comes right close to that figure. The whole proposal that Mr. Hellums brought to Council is that he does not intend to keep the property as mobile home park but just until it develops. Mr. Aguilar asked if there was a time period for this development. Mr. Simonson said it is up to Council and suggested a time limit be placed on the request. Mr. Hartzog asked what the liability would be if Council permits this without fire hydrants. Mr. Sweatt said the best defense is that it came into the city that way and we have allowed it to continue but not to expand. Mr. Aquilar stated that the property is a lot better looking now that it was before being purchased by Mr. Hellums. *8 CITY MANAGER'S REPORT: A. The State Hiqhway is having an open house February 16th from 3 to 5:00 p.m in Seguin. Anyone who can go is invited. The open house is to introduce us to the new people and facilities. B. Each Councilmember has been invited to the Grand Opening of Jack in the Box on 1-35 between the hours of 2 and 5 on the 26th of February. They would like a RSVP by the 17th. C. Concerninq sewer billing averaging, we are not through with all cycles but up to this point, it would appear the usage is only up about 2% on the average. At this stage we are still very generally in line. #9 ITEMS BY COUNCIL: Mr. Aauilar: A. the area around Schertz Parkway looked bad but now looks pretty qood. Mr. Sweatt said this is the most visible water line we have had in a lonq time. B. Noticed in the reports the difference between the bill ing usage and pumping figures. Mr. Sweatt said this is mainl y because of cycle billing but he will check on that. Mr. HartzoQ': A. Went to a presentation on election and another will be held by the PTA. the school bond He said everyone ( 83 needs to go and find out what they will be doing with the money. It was a very interesting presentation. B. Economic Development Task Force will meet February 23rd at 7:00 p.m. at the Library and everyone is invited. C. In reading the Health Inspection report, do not see where the inspector went back to the Bishop Corner, what is the status. Mr. Sweatt said he has made additional contact and some deficiencies have been complied with. Mr. Sweatt said he would have a report next week. D. Overtime in the Animal Control department. He said two years back we had two people and put another one on to take care of this and we are now paying overtime for them to clean on Sunday. They should be put on shifts to compensate for coming in on Sundays. Mr. Hartzog said he fel t a better schedule could be worked out. He also asked where do you draw the line as to who draws overtime. Mr. Sweatt said in most overall cases the Department Heads - administrative person does not draw overtime. In the case of the animal control, it has been assumed that this is work that has to be done over and beyond the administrative job. Mr. Baldwin suggested money could be saved by hiring a mlnlmum wage employee to clean the cages. Mr. Sweatt said he would look into it. D. Mr. Hartzog said he was concerned about the lack of concern of the animal control employees dur ing the cold spell the puppies were taken to a Humane Society member's house. Mr. Sweat said he did feel defensive - if anyone has a complaint about one of our employees, they should come in and talk to him about it. Mr. Simonson added that he had personally checked the facilities dur ing the cold spell and they had put up barricades and put blankets in the cages. Based on past experience, we did not feel there was a problem. Mr. Sweatt said he would like to encourage that if there is a problem with an employee to let him know about it and he would deal with it. He said he felt our department has worked hand and glove with the Humane Society; but we first are in the business of animal control and hope we have the kind of people in that department that can deal with animals. E. Do we have a problem with fixtures falling down on people in the pavilion at the park. Mr. Sweatt said we have had circumstances in the past but it is being dealt with now. F. Mr. Hartzog commented about kids hanging around the restrooms early in the morning from Corbett school and causing damage. He \ 84 '\ I asked if it would be possible to lock those restrooms during this particular time period. He added that he knew it would be a problem to lock and unlock every morning. Mr. Sweatt said he would look at what would be involved in locking and unlocking. Mrs. Stanhope: A. Has the Police Chief started the plan to have programs in the schools. Mr. Sweatt said he has not instituted a full program but he has started Crime Prevention in the schools. One of the things discussed that would be nice to do would be to assign a patrol officer to each school but that would require people that we do not have at present. B. Suggested having the Chief meet with the Senior Citizens at their next meeting. Also maybe in the coming months the City Manager could meet with them also. Mr. Baldwin: A. Reported on a Legislative Luncheon he, Mr. Sweatt and Mr. Aguilar attended in Austin. We suggested that Council needs to keep abreast of legislation and keep in contact with our leqislators. B. What about the abandoned vehicles in the City. Mr. Sweatt said he is about ready to go to the attorney and prosecutor on this to see that they can support what we are trying to do. He said he hoped to bring this to Council the early part of March to a workshop. Mrs. Stanhope asked if this would help the situation on I-35. Mr. Sweatt said it is difficult to enforce a pre existing condition. We can cite them and it would go to court and if found guilty, then it could be appealed to County court. He said our best bet is in the business of harassment. Mr. Aguilar asked that other than health nuisance, what could they be cited on. Mr. Sweatt said not much other than health and fire. Mr. Baldwin asked the status of the warrant situation. Mr. Sweatt answered that off duty personnel are serving warrants and being paid the fee. Probably by the next budget year, we will be coming to Council with some changes. Mr. Greenwald: A. Did we get a letter out to the civil leaders appointed. Yes B. There was a gentleman at the P&Z meeting who is opening a new business - principally wholesaling but 20% retail. #10 ITEMS BY MAYOR: Announced that there is a fine group of people working with the Economic Development Task Force. ( #11 ADJOURNMENT: adjourned at 8:48 p.m. ATTEST: ~ 85 Mayor Sawyer declared the meeting